Business Account Terms and Conditions

Last updated: 26 March 2018

These specific terms and conditions apply in addition to our standard Business Terms and Conditions and will prevail in the event of any inconsistency between these terms and conditions and the Business Terms and Conditionsand any other specific terms and conditions that relate to your Business Account.

Where a Plan or Service for which you have applied is subject to specific terms and conditions published on our website, then those specific terms and conditions (as amended from time to time) shall also form part of these terms and conditions.

The rates and conditions below apply when you use your Mobile Phone (including any other 2degrees approved device) in New Zealand.

“Account Holder” means the individual you appoint to manage your Business Account;

“Administrator” means an individual appointed by the Account Holder to assist with managing your Business Account (or certain aspects of it, as applicable);

“Business Account” means an Account with one or more Team Members;

“Business Account Owner”, “you” or “your” means the Account Owner of the Business Account;

“Business Plan” means a Plan offered by us under your Business Account, as published by us at www.2degreesmobile.co.nz;

“Business Mobile Data Plan” means a Plan offered by us under your Business Account, as published by us at www.2degreesmobile.co.nz;

“Plan” includes a Business Plan, a Business Mobile Data Plan, a retired 2degrees Business Plan or retired Business Mobile Broadband Plan (see the retired 2degrees Business Terms and Conditions for conditions on 2degrees Business Plans) and any other Plan or Service made available by 2degrees under your Business Account from time to time;

“Plan Benefits” means the minutes, text and data entitlement under a Plan;

“Team Member” means an End User under a Business Account that is connected to a Plan or Service made available under your Business Account;

“we” or “us” or “2degrees” means Two Degrees Mobile Limited.

Account Holder and Administrator

You must appoint an Account Holder prior to Activation of your Business Account. You may change the Account Holder at any time by written notice to us.

The Account Holder may appoint one or more Administrators in respect of your Business Account and such appointment must be by written notice to us. The Administrator will have the same authority as the Account Holder to make requests to Customer Care on behalf of your Business Account (unless requested otherwise by you). The Account Holder may change or remove an Administrator at any time by written notice to us.

You remain liable for all actions or omissions of the Account Holder and each Administrator (if any) in respect of your Business Account.

Team Members

Each Team Member under the Business Account must be an owner, director, partner, employee or other officer of the same Business Account Owner.

A Team Member must be connected to a Plan on a month to month, 12 month or 24 month term from time to time under your Business Account.

A person can become a Team Member under your Business Account by transferring from another Plan or Service outside of your Business Account to a Business Plan under your Business Account, subject to the terms and conditions of that Plan or Service. Unless stated otherwise, a person cannot transfer their Plan or Service to a Business Mobile Broadband Plan or any other Plan or Service available under your Business Account that is not a Business Plan.

If a Team Member is transferring from a fixed term Plan or Service to a Business Plan under your Business Account, the remaining term of that Plan or Service will apply to the Business Plan.

The accrued entitlements and benefits of the Team Member’s previous Plan or Service, including any remaining credit balance, will not be transferred to the Business Plan of that Team Member under your Business Account.

From the date a Team Member transfers or signs up (as the case may be) to a Business Plan or a Business Mobile Broadband Plan under your Business Account you will assume all of that Team Member’s obligations and responsibilities with respect of the Team Member’s applicable Plan, including the use of any other Services by the Team Member, and the Charges generated by them under your Business Account.

Team Members under your Business Account can be on different Plans. 2degrees can cancel or change any Plan or Service made available to you under your Business Account at its discretion, including following requests made by you or an Administrator.

Activation of Team Member’s connection to a Business Plan or a Business Mobile Broadband Plan is at the discretion of 2degrees.

You may at any time request that a new Team Member be added under your Business Account. If you do so, we may require you to undergo a further credit check, or we may require a further security deposit or personal guarantee from you and/or impose other conditions in respect of your Business Account.

We may refuse the activation of a new Team Member under your Business Account if you have any outstanding Charges or any other overdue payment in respect of your Business Account.

19. You acknowledge and agree that you are liable for any action or omission of a Team Member in respect of that Team Member’s use of any of our Services as if that action or omission was made by you. You agree and acknowledge that any request by a Team Member in respect of their connection under your Business Account has been authorised by you, including but not limited to the purchase by a Team Member of any Add On or other Plan or Service made available by 2degrees from time to time.

Change of Ownership of the Business Account

You may at any time request a change of ownership of your Business Account to a new Business Account Owner. Prior to effecting any change of ownership we will require the proposed new owner of your Business Account to pass a credit check and we may impose any other term or condition to the change of ownership at our discretion.

You remain liable for all obligations in respect of the Business Account, including all Charges incurred up to the change of ownership.

Billing Date

We will allocate you a Billing Date upon Activation of your Business Account.

You will be billed monthly in arrears on each Billing Date for all Charges incurred under your Business Account.

The Charges incurred under each Plan or Service made available under your Business Account will be pro-rated from the date the applicable Plan or Service is Activated under your Business Account up to your Billing Date.

Credit Limit

We may set a credit limit on your Business Account and may suspend your Business Account or any particular Team Member if that limit is exceeded.

Plan benefits

We may change the Plan Benefits you receive under any Plan under your Business Account, as well as any other Services, bonus rewards or other benefits associated with your Plan or your Business Account, at any time at our discretion. We will notify you of those changes in accordance with our standard Business Terms and Conditions.

Frequently Called Numbers

Subject to our approval, you may nominate frequently called numbers (“FCNs”) under your Business Account, being a standard New Zealand landline and/or 2degrees number connected to the 2degrees Network.

You and your Team will receive zero-rated calling to your chosen FCN(s) in New Zealand. Calls to the FCN(s) by a Team Member that is roaming outside of New Zealand will not be zero-rated.

You will be charged $10 (incl. GST) for each active FCN under your Business Account during each Billing month, irrespective of the date on which you activate or terminate your FCN or change your FCN to a new FCN. For example, if you terminate an FCN part way through the Billing month and nominate a new FCN during that same Billing month you will be charged $20 (incl. GST) for the two active FCNs during that Billing month.

Mobile numbers connected to another Mobile Telecommunications Provider cannot be an FCN. If a mobile number that is your FCN ports off the 2degrees Network, that mobile number will be removed from your FCN list and all subsequent calls to that number will not be zero-rated. We will do our best to notify you of this change. We will not be liable to you if you do not receive any such notification.

We may suspend or bar your Team Members from making zero rated calls to the FCNs where you have any outstanding Charges or any other overdue payments in respect of your Business Account.

You will receive:

(a) one complimentary FCN if you have three or more Team Members under your Business Account; and

(b) 20 complimentary FCNs if you have 20 or more Team Members under your Business Account,

provided that those Team Members are connected to any Plan under your Business Account that is not a Business Mobile Broadband Plan.

Our Fair Use Policy applies to all calls from Team Members to FCNs. We may take action if we consider use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Business Terms and Conditions and is published by us at 2degreesmobile.co.nz/fairusepolicy.

Removal of a Team Member or termination of your 2degrees Business Account

You or your Administrator may request a Team Member to be removed from your Business Account at any time. On removal of your Team Member, the Plan or Service (e.g. a Business Plan) to which that Team Member was connected will also be terminated.

You will be liable to pay us all Charges (including any early termination charges) in respect of that Team Member.

You will be required to pay us an early termination charge where you terminate a Team Member’s connection on a fixed term Plan or Service and the termination of that Team Member’s connection, and therefore their Plan or Service, takes place prior to the expiry the relevant fixed term.

You will also be required to pay early termination charges where you terminate a Team Member’s connection on any other fixed term Plan or Service under your Account prior to the expiry of that relevant fixed term.

Where you request that a Team Member‘s connection be transferred to another Plan or Service that is not available under your Business Account, that will be deemed a termination of that Team Member’s current Plan or Service under your Business Account and you will be required to pay us early termination charges if the termination is made prior to the expiry the fixed term of their current Plan or Service.

You may not request that your Account Holder be terminated from your Business Account without first appointing a new Account Holder.

If the Account Holder is the only Team Member remaining on your Business Account and your Business Account is inactive for reasonable period of time (as determined by us) we may terminate your Business Account. You will receive a final Bill covering the Charges (including any early termination charges) incurred up to the date your Business Account is terminated, and you remain liable to pay us all such Charges.

We may terminate any Plan or Service under your Business Account at any time in accordance with our standard Business Terms and Conditions. If the Plan or Service that we intend to terminate is the Account Holder’s connection, then you will be required to immediately appoint a new Account Holder.

We may require you to pay early termination charges where we terminate any Plan or Service under your Business Account in accordance with clauses 40 and 41 above.

The amount of the early termination charges that you will be required to pay in accordance with these terms and conditions will be published by us on our website.

We will waive applicable early termination charges where you re-sign any Business Plan or Business Mobile Broadband Plans under your Business Account to a new available fixed term in the following periods:

(a) If the applicable Plan is on a 12 month term, that Plan can be resigned within 60 days prior to the expiry of the 12 month term; and

(b) If the applicable Plan is on a 24 month term, that Plan can be resigned within 90 days prior to the expiry of the 24 month term.

Termination of a Team Member’s connection and their respective Plan or Service under your Business Account will result in you losing all unused Plan Benefits, as well as any other benefits and bonus rewards associated with the terminated Plan or Service.

Terminating your Business Account

If you request the termination of your Business Account, all active Plan or Service connections under your Business Account will be terminated, and you may be required to pay us early termination charges for termination of those connections.

You will be liable for all Charges incurred under your Business Account up to the date your Business Account is terminated.

Porting

The terms and conditions set out at clauses 49 to 55 apply where you are requesting any numbers be ported from another network provider into your Business Account.

By requesting that a number be ported to your Business Account, you confirm that you have the authority to request the porting of the number(s) and, where a number is not owned by you, you confirm that you have the relevant consent from the individual who has rights to that number to request the porting of that number.

You agree that you have informed any individuals who wish to port their number into the Business Account that, by porting their number, they relinquish all rights to that number. If they wish to port their number out of the 2degrees Business Account, they will need to obtain your authorisation.

You agree that you have also procured from each individual their authority for 2degrees to collect, disclose and use their personal information in accordance with the 2degrees Privacy Policy and our standard Business Terms and Conditions.

You further agree that 2degrees may collect information about you as the Business Account Owner and the way Services are used under your Business Account, and consent to 2degrees using such information in accordance with the 2degrees Privacy Policy and our Business Terms and Conditions.

You understand that:

(a) you are porting the requested number(s) from the existing provider(s) to 2degrees;

(b) Team Members must use a GSM compatible handset to receive Services from 2degrees;

(c) by porting the requested number(s) to 2degrees the current services to those number(s) will be disconnected and the account(s) with the existing provider(s) may be finalised;

(d) you may continue to have outstanding obligations to the existing provider(s). It is your responsibility to check the terms and conditions of the contract(s) with the existing provider(s), in relation to the number(s) you wish to port, to find out if there are any outstanding obligations to the provider(s) and to discharge such obligations;

(e) porting the number(s) could incur additional costs or obligations to my existing provider, including early termination fees and/or porting fees; and

(f) after porting the number(s) to 2degrees some of the services you currently receive may not be supported by 2degrees, or may be accessed in a different way.

You further agree that:

(a) if you change your request to port any number at any time it may affect the date the port is completed;

(b) once the number porting process has started it must be completed;

(c) if you want to make any changes to part, or all, of your original port request after the porting process has begun, a new port request is required;

(d) 2degrees is not obliged to accept the porting request;

(e) 2degrees will supply relevant information about Team Members to the existing provider(s) in the porting number process;

(f) the information provided by you in relation to the porting request may be used for the delivery of services, fault management and handling any complaints you make. The information may also be provided to emergency services and as lawfully required by law enforcement agencies;

(g) 2degrees will not be liable for any loss or damage (direct or indirect) resulting from failure or delay in the porting process; and

(h) After you have ported the number(s) requested, any Prepay credit balances with the existing provider may be lost.

You authorise 2degrees to port any number(s) requested from the existing provider to 2degrees.

Add Ons

56. If authorised by you to do so, Team Members can purchase Add Ons in conjunction with their Plan in accordance with the specific terms and conditions relating to those Add Ons as published by us on our website. You will be responsible for any applicable Charges incurred under the Add On.

57. Charges incurred under an Add On will be included in your next Bill, and subsequent Bills where the Add On is recurring, from commencement of the Add On and until you or your Team Member end the Add On.

General

Unless provided otherwise by the terms of a Business Plan or any terms applicable to another Plan or Service under your Business Account, all Services are charged at the standard rates set out in our Standard Carryover Plan Rates Terms and Conditions.

59. Subject to any Add On conditions, each Team Member’s voice, text and data benefits expiring first will be used first.

Your Team Member’s Plan Charges and Plan Benefits will be pro-rated from the date of Activation of your Business Account until your first Billing Date.

Because we charge for Services after you use them (in arrears) you will receive a final Bill on your final Billing Date covering your final month of Plan Charges and all other Charges incurred up to your final Billing Date.

You will remain liable for all Charges incurred up to the date we end your Business Account with us.

Where applicable, any sign-up credit received must be refunded immediately in full (or in part) if you terminate any Connection(s) and/or Your Account (including moving to a non-business plan) or you change to a Business Plan not eligible for sign-up credit, before the expiry of 24 months from the date of activation of that Connection and/or Account.

We may refuse to switch a Team Member under your Business Account to a Prepay Account, a Pay Monthly Account, or other Account made available by 2degrees if you have not paid all outstanding Charges relating to that Team Member.

Plan Benefits cannot be transferred to any other person, Plan, Service or to another Account you (or any other person) may have with us.

We may change these terms and conditions from time to time. Any changes will be notified to you in accordance with our obligations under the Business Terms and Conditions.

Standard fibre connection is up to 100/20Mbps. Stated speeds are based on theoretical maximums, and actual speeds will vary.

To get the best possible performance with 2degrees Ultra-fast Fibre, we recommend:

Using a high-spec modem, such as a 2degrees Modem.

A high-spec laptop or PC cabled directly into your modem with an Ethernet cable, and ensure all your laptop or PC’s drivers are up to date, and nothing else is running on the internet connection at the same time.

The latest version of your browser.

Accessing the internet over a wired connection.

Unlimited* NZ and Australia Landline Calling includes direct dial calls made from your home phone to standard landlines in NZ and Australia (excludes chargeable calls, e.g. calling cards and premium numbers, 0900 (and any international equivalent), 059, 0161, Australian toll-free numbers (such as 1800, 1300) and toll-free numbers in other countries, and calls to mobiles). Fair Use Policy applies to this service.

* You must be on a 12 month unlimited broadband plan to be eligible. * Amazon Prime Video on us for a year is valid for 12 months after the date of activation. * You have 30 days from the date of activation of your eligible broadband plan to activate your Prime Video subscription. * One new Prime Video subscription per eligible 2degrees broadband plan connection. * If you have an existing Prime Video subscription, you’ll just need to cancel this and start again with a new account to get the offer. * Streaming Prime Video uses data. Any data use incurred from watching Prime Video will count towards your monthly broadband allowance. * You can cancel your Prime Video subscription at any time. * Early termination charge applies if you disconnect your 2degrees broadband before the end of your broadband term. * If you want to keep enjoying Prime Video after your year on us is up, your Prime Video charge will automatically be applied to your 2degrees broadband bill. * After 12 months from your activation of Prime Video, the standard monthly charge for Prime Video of $8.99 will apply. * Customer queries relating to the Prime Video service or content should be directed to Prime Video. * Not available on 2degrees Business plans. * Offer is not redeemable or refundable for cash and cannot be exchanged for Amazon Gift Cards. * Offer is subject to change and restrictions apply. * By clicking activate, you agree to the Amazon Prime Video Terms of use. * Amazon, Prime Video, and all related logos and motion marks are trademarks of Amazon.com, Inc. * 2degrees Broadband terms and conditions apply.

$15 (rental modem) shipping & early exit fee up to $199 may apply. Joining credit: New customers only & repayable if leaving/downgrading during first 12 months.

Joining credit offer ends 24/10/19, available with a 12 month Unlimited Data Broadband Plan. Not transferable, exchangeable or redeemable for cash. Not available with any other offers, except with the $10 Bundle Discount added during sign-up with eligible Pay Monthly mobile plans. Charges may apply for non-standard installations. Fibre broadband not available everywhere. Charges of up to $165 apply if you fail to return your leased modem to us when you leave 2degrees.

$99 standard connection fee applies to open term plans. Stated speeds are based on theoretical maximums and actual speeds will vary. Broadband & Promotion T&Cs apply, see 2degreesbroadband.co.nz for full T&Cs.

Amazon Prime Video on us for 12 months: Valid for 12 months after date of activation (currently up to $8.99/month value). Offer subject to change. Prime Video offer must be activated within 30 days of the customer receiving the activation link email. After 12 months, standard charge for Prime Video of $8.99 permonth will apply. 12 month term and Unlimited Broadband required to be eligible. T&Cs apply, see 2degrees.nz for full details.